thread: Tenants rights around open houses...

  1. #1
    Registered User

    Jul 2008
    summer street
    2,708

    Tenants rights around open houses...

    My landlord is selling our house Apart from feeling devastated, and having to find somewhere else to live, I am also facing a month of open houses.

    We have already been disrupted, with the landlord gaining access to replaster and fix problems and now painting - which has been ok - but now they tell us they want to auction the house at the end of november, which means open houses for the next month!



    So. To what extent am I expected to clean the house before each open house and should I stay on the premesis during inspections (people have warned me about things going missing during inspections).

    I am feeling a bit overwhelmed with it tbh and want to get a plan of action.

    Any advice would be appreciated.

  2. #2
    Registered User

    May 2007
    3,220

    Legally you have to allow the open for inspections unfortunately, but the extent you clean the hosue it entirely up to you.
    As far as staying around, when we sold our house, we didn't but I took everything of value out of the house and gave it to my mum the whole time we had opens. I had our house looking like a show room, so it was very obvious if anything went walking.

    You are allowed to stay around though, it is your choice.

  3. #3
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    some houses we looked at hadnt been cleaned in months (seriously one looked like a current affairs program expose on filth)

    If you were the owner occupier, its often best not to be there, but as I tennant Id insist on being there and I dont think they can stop you.

  4. #4
    Lucy in the sky with diamonds.

    Jan 2005
    Funky Town, Vic
    7,070

    oh hell yeah move your valuables!

  5. #5
    Registered User

    Mar 2006
    7,046

    I'm going through this too. Except ours is not an auction and was suppose to be sold by 26th last month. Still going.

    We cleaned to keep it tidy but you don't have to do what you don't normally do. If they want it spotless they have to pay for a cleaner. If they want photo's, they have to pay for it etc. Legally, they can't make you vacate the property but prefer you're not there. I wouldn't leave - we did and had problems EVERY open. We removed all photo's and valuable items (photo's because of the line of work X is in (he still lives in the same house for DD's sake). You have a right to say no to unreasonable opens. We told them from the start that the only time anyone would be shown through the property was at agreed opens - we agreed to 2 a week for 4 weeks. One every Sat. However, if they provide you with written notice 24hrs prior, they can still access the property as per tennancy agreements. Ours weren't that cluey and weren't game enough after I busted them accessing the property without due notice and spoke (polietly) with them about it.

    Just because the property is up for sale doesn't mean you have to move either. It could be bought by another investor who may keep you there.

    Hang in there gorgeous.

    MG

  6. #6
    Registered User

    Dec 2007
    Victoria
    7,260

    Any new owner has to honour your current rental agreement and cannot change the rent etc until that current lease is ended.

    You CAN refuse open homes on a reasonable basis - ie once a fortnight rather than once a week, or only on Saturdays, not both Sat and Sun, you can also dictate if any access is granted around these times - ie if a potential buyer wishes to see the house again during the week or after hours.....Do NOT be scared to say NO if it is not convenient.

    All home open times need to be organised in advance - they cant call you on the Thursaday and tell you there is an inspection that weekend.

    You can leave the house in any state you choose, and you can be there, have the right to be there and if they tell you otherwise, revoke permission for the home open until they accept it.
    Don't let the RE agents push you around - they will walk all over you if you let them.

    When does your current lease end? Make sure you tell your landlord and the RE agent that you have no intention of leaving until that agreement is up, as is your right, and any new buyer must be aware of this.

    Good luck!

  7. #7
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    Any new owner has to honour your current rental agreement and cannot change the rent etc until that current lease is ended.
    Actually it depends where you live.
    In Victoria this is not the law at all, and your lease can be ended at any time with notice of 1 or 2 months.

  8. #8
    Registered User

    Dec 2007
    Victoria
    7,260

    Oh I didn't realise it changed per state Rayray
    Thank

    The above is for WA then

  9. #9
    Registered User

    Jul 2008
    summer street
    2,708

    Thanks everyone for the replies. Apparently the open times are Thursday and Saturday, and they don't mind if we're around.

    The RE thinks another investor will most likely buy it so we could be here for a while

    I am definitely going to pack all the photos and valuables up though...thanks for the tips.

    Oh...I don't want to move. DD was born here, and I knew we would have to move eventually, but I love it!


  10. #10
    Registered User

    Dec 2007
    Victoria
    7,260

    I just thought I would mention, that they have to ASK you what days they can have, they cant just TELL you Thursday and Saturday like you get no say in it...


    I hope some nice investors buy it and you dont have to move

  11. #11
    Registered User

    Jul 2008
    summer street
    2,708

    Thanks LS...hmmm....I will get onto that asap.

    for caring